Lowery v. . Lowery
Supreme Court of North Carolina
Dower, liearcl by Buxton, I., at July Special Term 1869, of NobesoN Court. Tbe proceedings bad commenced in tbe County Court of Nobeson at August Term 1856, by a petition on tbe part of tbe widow, to wbicb ber children were made parties defendants as beirs of Allen Lowery deceased, and service bad been accepted, and no defence made. Tbe writ of dower thereupon issued, and at February Term 1867 a report was made allotting dower, and no exception was ¿led by tbe defendants.
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Dower, liearcl by Buxton, I., at July Special Term 1869, of NobesoN Court. Tbe proceedings bad commenced in tbe County Court of Nobeson at August Term 1856, by a petition on tbe part of tbe widow, to wbicb ber children were made parties defendants as beirs of Allen Lowery deceased, and service bad been accepted, and no defence made. Tbe writ of dower thereupon issued, and at February Term 1867 a report was made allotting dower, and no exception was ¿led by tbe defendants. At that Term one Goins and bis wife, filed a petition verified by affidavit, that Mrs. Goins was a daughter of tbe…
1Opinion of the CourtEobwaN, J.
At August Term 1888 of Eoheson County Court, Mary Lowery filed her petition against Patrick Lowery and others, described as the children and heirs of Allen Lowery, praying that dower might he assigned to her as his widow, iu certain lands. It does not positively appear that any judgment for dower was entered on the records of the ■Court. The Clerk however, issued a writ, tested on the 4th Monday of November 1888, commanding the Sheriff to summon a jury to assign the petitioner dower, and in this writ he recited the filing of the petition, “and it was ordered by the Court that.a writ of dower…
2Cases cited2 opinions
- Murphy v. . MerrittSupreme Court of North Carolina · 1869
- Jacobs v. . T. P. and S.E. BurgwynSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Stiner v. . CawthornSupreme Court of North Carolina · 1838